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(영문) 의정부지방법원 2018.05.16 2018고단1138

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 28, 2017, the Defendant is a person who is engaged in driving the K5-car, and the Defendant driven the said car with a alcohol level of 0.162% 0.162% under the influence of alcohol during blood at around 23:35 on December 28, 2017, and was driving the said car at the speed of 0.162% at the time of the Gyeonggi-do Government, which is located in the 252-ro, due to the Gyeonggi-do New Promotion, led the Defendant to make a right-way to the west of the Government Medical Center on the side of the Gyeong-gu Government Station.

Since the place is a road installed at the center of the central line and the center, in this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle without harming the central line.

Nevertheless, the Defendant neglected this and neglected so that it is difficult to drive normally due to the influence of drinking, such as being chilled, unslided and scarping on the face, etc., while driving normally beyond the center line as it is, and due to the negligence of driving in the direction of the vehicle of the Defendant, the front part of the victim C(38 ) driving along the vehicle of the Defendant was received as the front part of the vehicle of the Defendant driving vehicle.

Ultimately, the Defendant driven the said car while under the influence of alcohol, and driven the said car in a situation where it is difficult to drive it normally due to the influence of alcohol, resulting in the Defendant’s injury such as knee knee in which the victim cannot know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (driving of alcohol and imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;